No. 22-117

Oussama El Omari v. The International Criminal Police Organization, aka INTERPOL

Lower Court: Second Circuit
Docketed: 2022-08-08
Status: Denied
Type: Paid
Response Waived
Tags: arbitration immunity international-organization ioia jam-v-intl-fin-corp public-international-organization statutory-construction treaty-interpretation treaty-ratification
Key Terms:
Arbitration Securities
Latest Conference: 2022-09-28
Question Presented (AI Summary)

Whether INTERPOL is entitled to immunity as a 'public' international organization under 22 U.S.C. § 288 of the IOIA as interpreted by Jam v. Intl Fin. Corp., 139 S.Ct. 759 (2019), when INTERPOL's treaty ratification failed and its existence is merely due to its own '1956 Constitution' which has no roots in state action?

Question Presented (OCR Extract)

QUESTIONS PRESENTED I. Whether INTERPOL is entitled to immunity as a “public” international organization under 22 U.S.C. § 288 of the IOIA as interpreted by Jam v. Intl Fin. Corp., 139 S.Ct. 759 (2019), when INTERPOL’s treaty ratification failed and its existence is merely due to its own “1956 Constitution” which has no roots in state action? II. Even assuming, arguendo, INTERPOL is an immune public international organization under the IOIA, whether INTERPOL waived immunity under § 288a(b) by INTERPOL’s 2008 Agreement with France, when INTERPOL initially agreed to arbitration and then later in 2016 abrogated that arbitration right?

Docket Entries

2022-10-03
Petition DENIED.
2022-08-31
DISTRIBUTED for Conference of 9/28/2022.
2022-08-23
Waiver of right of respondent International Criminal Police Organization, also known as INTERPOL to respond filed.
2022-08-03
Petition for a writ of certiorari filed. (Response due September 7, 2022)

Attorneys

International Criminal Police Organization, also known as INTERPOL
Ginger D. AndersMunger, Tolles & Olson LLP, Respondent
Ginger D. AndersMunger, Tolles & Olson LLP, Respondent
Oussama El Omari
Scott Michael MooreMoore International Law PLLC, Petitioner
Scott Michael MooreMoore International Law PLLC, Petitioner